Loading...
HomeMy WebLinkAbout4780_CCv0001.pdf RESOLUTION NO. 4780 A RESOLUTION OF THE CITY OF REDLANDS DECLARING THAT THE ACQUISITION OF EASEMENT INTERESTS IN CERTAIN REAL PROPERTY BY EMINENT DOMAIN IS NECESSARY FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF UNDERGROUND STORM DRAIN AND SANITARY SEWER LINE FACILITIES WHEREAS, the City of Redlands (hereinafter referred to as the "City") proposes to acquire easement interests in certain real property located in the City of Redlands for purposes of construction, maintenance and operation of underground storm drain and sanitary sewer line facilities, pursuant to the authority granted to it by Government Code Section 37350 . 5; and WHEREAS, pursuant to Code of Civil Procedure Section 1245 . 235, the City scheduled a public hearing for Tuesday, duly 2 , 1991, at 7 . 30 p.m. , at 212 Brookside Street in the City of Redlands, California, and gave to each person who owns an interest in the real property from which an easement interest is to be acquired, and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in Code of Civil Procedure Section 1240. 030; and WHEREAS, said hearing has been held by the City and the owners of record of the real property from which easement interests are to be acquired by eminent domain were afforded an opportunity to be heard on said matters; and WHEREAS, the City may now adopt a Resolution of Necessity pursuant to Code of Civil Procedure Section 1240. 030; -1- LMH55833 NOW, THEREFORE, THE CITY DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with Code of _Civil Procedure. There has been compliance by the City with the requirements of the Code of Civil Procedure Section 1245.235 regarding notice and hearing. Section 2 . Public Use. The public uses for which the easement interests in real property are to be acquired are construction, maintenance and operation of underground storm drain and sanitary sewer line facilities. Section 37350. 5 of the California Government Code authorizes the City to acquire by eminent domain property necessary for such purposes. Section 3 . Description of Property. Attached and marked as Exhibit "A" are the easement rights and legal descriptions of the easements to be acquired by the City, which describe the general location and extent of the easements to be acquired with sufficient detail for reasonable identification. Section 4 . Findings. The City hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The easements described in the attached Exhibit "A" are necessary for the proposed project; and -2- LMH55833 (d) The offers required by Section 7267. 2 of the California Government Code have been made. Section 5. In the event any of the real property from which an easement interest is to be acquired by the City is already appropriated to an existing public use, the City hereby finds and determines that the herein described public use or uses are more necessary than said existing public use, and acquisition hereby is permitted under the provisions of California Code of Civil Procedure Section 1240. 610 et sea. Section 6. Further Activities. Legal counsel for the City is hereby authorized to acquire the hereinabove described easements in the name of and on behalf of the City, by eminent domain, and legal counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the City to take possession of and use said easements at the earliest possible time. Legal counsel is further authorized to make or agree to non-material changes in the legal description(s) of the easement(s) and/or easement rights that are deemed necessary for the conduct of the condemnation action or other proceedings or transaction required to acquire the subject easements. -3 LMH55833 I Section 7 . Effective Date. This Resolution shall take effect upon adoption. ADOPTED, SIGNED AND APPROVED this 2nd day of July 1991. r1 t z Maya ATTEST: f City�Cle k ���� -4- LMN55833 I An exclusive, permanent and perpetual easement, together with the right to forever maintain, operate, improve, alter, relocate, reconstruct, inspect, repair, occupy and use, and otherwise install necessary appurtenances thereto, for the construction and maintenance of storm drain and sanitary sewer line facilities as determined necessary by the City of Redlands, its successors and assigns (collectively, the "City") , both above and below the ground level, together with all necessary rights of ingress and egress to said easement over and across contiguous land owned by Grantor in connection with the exercise of any of the rights granted herein, under and across the following described real property in the County of San Bernardino, State of California, to wit: See legal description attached as Exhibit "A" Grantor shall be entitled to utilize the easement area for parking, playground and/or landscaping purposes. Grantor shall not, however, erect or construct, or permit to be erected or constructed, any building, structure or permanent improvement on, over or under any portion of the easement. City shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as City determines in its sole discretion without paying any additional compensation to Grantor. Grantor agrees that no other easement or easements shall be granted on, under, or over this easement. City may at any time change the location of pipelines or other facilities within the boundaries of the easement right-of-way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to Grantor, provided City does not expand its use of the easement beyond the easement boundaries described above. Grantor shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the easement which exist at the time this document is executed without obtaining the prior written consent of City. MR55852 EXHIBIT PAGE Exhibit "All LEGAL DESCRIPTION APN 168-241-01 THAT PORTION OF LOT 48 OF THE UNIVERSITY TRACT AS PER PLAT RECORDED IN BOOK 17 OF MAPS PAGE 36 RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 30. 00 FEET OF THE WESTERLY ONE-HALF OF SAID LOT 48. LMH53975 EXHIBIT-a- PAGE An exclusive, permanent and perpetual easement, together with the right to forever maintain, operate, improve, alter, relocate, reconstruct, inspect, repair, occupy and use, and otherwise install necessary appurtenances thereto, for the construction and maintenance of storm drain and sanitary sewer line facilities as determined necessary by the City of Redlands, its successors and assigns (collectively, the "City") , both above and below the ground level, together with all necessary rights of ingress and egress to said easement over and across contiguous land owned by Grantor in connection with the exercise of any of the rights granted herein, under and across the following described real property in the County of San Bernardino, State of California, to wit: See legal description attached as Exhibit "A" Grantor shall be entitled to utilize the easement area for parking, playground and/or landscaping purposes. Grantor shall not, however, erect or construct, or permit to be erected or constructed, any building, structure or permanent improvement on, over or under any portion of the easement. City shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as City determines in its sole discretion without paying any additional compensation to Grantor. Grantor agrees that no other easement or easements shall be granted on, under, or over this easement. City may at any time change the location of pipelines or other facilities within the boundaries of the easement right-of--way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to Grantor, provided City does not expand its use of the easement beyond the easement boundaries described above. Grantor shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the easement which exist at the time this document is executed without obtaining the prior written consent of City. _MH55852 EXHIBIT....... PAGE.... Exhibit "A" LEGAL DESCRIPTION APN 168-241--02 THAT POR'T'ION OF LOT 48 OF THE UNIVERSITY TRACT AS PER PIAT RECORDED IN BOOK 17 OF MAPS PAGE 36 RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBER AS FOLLOWS: THE SOUTHERLY 30.04 FEET OF THE EASTERLY ONE-HALF OF SAID LOT 48. LMR53975 ti EXHIBIT An exclusive, permanent and perpetual easement, together with the right to forever maintain, operate, improve, alter, relocate, reconstruct, inspect, repair, occupy and use, and otherwise install necessary appurtenances thereto, for the construction and maintenance of storm drain and sanitary sewer line facilities as determined necessary by the City of Redlands, its successors and assigns (collectively, the "City") , both above and below the ground level, together with all necessary rights of ingress and egress to said easement over and across contiguous land owned by Grantor in connection with the exercise of any of the rights granted herein, under and across the following described real property in the County of San Bernardino, State of California, to wit: See legal description attached as Exhibit "A"" Grantor shall be entitled to utilize the easement area for parking, playground and/or landscaping purposes. Grantor shall not, however, erect or construct, or permit to be erected or constructed, any building, structure or permanent improvement on, over or under any portion of the easement. City shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as City determines in its sole discretion without paying any additional compensation to Grantor. Grantor agrees that no other easement or easements shall be granted on, under, or over this easement. City may at any time change the location of pipelines or other facilities within the boundaries of the easement right-of-way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to Grantor, provided City does not expand its use of the easement beyond the easement boundaries described above. Grantor shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the easement which exist at the time this document is executed without obtaining the prior written consent of City. LMH55852 ;; ` ►� ` EX 1 i 1 -A- i{��j/{h�iG Eems' Exhibit "A" LEGAL DESCRIPTION APN 168-241-03 THAT PORTION OF LOT 47 OF THE UNIVERSITY TRACT AS PER PLAT RECORDED IN BOOK 17 OF MAPS PAGE 36 RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THE WESTERLY ONE-HALF OF SAID LOT 47 ; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 47 SOUTH 89026 '01" WEST A DISTANCE OF 165 . 10 FEET TO THE SOUTHWESTERLY CORNER OF SAID WESTERLY ONE-HALF; THENCE ALONG THE WESTERLY LINE OF SAID LOT 47 NORTH A DISTANCE OF 30. 00 FEET; THENCE PARALLEL TO THE SOUTHERLY LINE OF SAID LOT 47 NORTH 89026 ' 01" EAST A DISTANCE OF 117 .87 FEET TO A TANGENT CURVE BEING CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE HAVING A RADIUS OF 605.00 FEET, THROUGH A CENTRAL ANGLE OF 04028132" A DISTANCE OF 47. 26 FEET TO THE EASTERLY LINE OF SAID WESTERLY ONE-HALF; THENCE ALONG SAID EASTERLY LINE SOUTH A DISTANCE OF 28 . 15 FEET TO THE POINT OF BEGINNING. I LMH53975 EXHIBIT.... PAGE.,1 An exclusive, permanent and perpetual easement, together with the right to forever maintain, operate, improve, alter, relocate, reconstruct, inspect, repair, occupy and use, and otherwise install necessary appurtenances thereto, for the construction and maintenance of storm drain and sanitary sewer line facilities as determined necessary by the City of Redlands, its successors and assigns (collectively, the "City") , both above and below the ground level, together with all necessary rights of ingress and egress to said easement over and across contiguous land owned by Grantor in connection with the exercise of any of the rights granted herein, under and across the following described real property in the County of San Bernardino, State of California, to wit: See legal description attached as Exhibit "A" Grantor shall be entitled to utilize the easement area for parking, playground and/or landscaping purposes. Grantor shall not, however, erect or construct, or permit to be erected or constructed, any building, structure or permanent improvement on, over or under any portion of the easement. City shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as City determines in its sole discretion without paying any additional compensation to Grantor. Grantor agrees that no other easement or easements shall be granted on, under, or over this easement. City may at any time change the location of pipelines or other facilities within the boundaries of the easement right-of-way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to Grantor, provided City does not expand its use of the easement beyond the easement boundaries described above. Grantor shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the easement which exist at the time this document is executed without obtaining the prior written consent of City. MH55852 EXH I S IT ....�_. PSG .. Exhibit "A" LEGAL DESCRIPTION APN 168-241-14 THAT PORTION OF LOT 47 OF THE UNIVERSITY TRACT AS PER PLAT RECORDED IN BOOK 17 OF MAPS PAGE 36 RECORDS OF THE COUNTY OF SAN BERNARDINO? STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 47; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 47 SOUTH 89026101" WEST A DISTANCE OF 23 . 88 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 89026'01" WEST A DISTANCE OF 141. 21 FEET TO THE SOUTHWESTERLY CORNER OF THE EASTERLY ONE-HALF OF SAID LOT 47; THENCE ALONG THE WESTERLY LINE OF SAID EASTERLY ONE-HALF NORTH A DISTANCE OF 28 . 15 FEET TO A NON-TANGENT CURVE BEING CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE FROM A RADIAL LINE BEARING NORTH 03054133" EAST HAVING A RADIUS OF 605. 00 FEET, THROUGH A CENTRAL ANGLE OF 13038144" A DISTANCE OF 143 .72 FEET TO THE SOUTHERLY LINE OF SAID LOT 47 AND THE TRUE POINT OF BEGINNING. LMR53975 EXHIBIT..._. PAGE.... An exclusive, permanent and perpetual easement, together with the right to forever maintain, operate, improve, alter, relocate, reconstruct, inspect, repair, occupy and use, and otherwise install necessary appurtenances thereto, for the construction and maintenance of storm drain and sanitary sewer line facilities as determined necessary by the City of Redlands, its successors and assigns (collectively, the "City") , both above and below the ground level, together with all necessary rights of ingress and egress to said easement over and across contiguous land owned by Grantor in connection with the exercise of any of the rights granted herein, under and across the following described real property in the County of San Bernardino, State of California, to wit: See legal description attached as Exhibit "A" Grantor shall be entitled to utilize the easement area for parking, playground and/or landscaping purposes. Grantor shall not, however, erect or construct, or permit to be erected or constructed, any building, structure or permanent improvement on, over or under any portion of the easement. City shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as City determines in its sole discretion without paying any additional compensation to Grantor. Grantor agrees that no other easement or easements shall be granted on, under, or over this easement. City may at any time change the location of pipelines or other facilities within the boundaries of the easement right-of-way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to Grantor, provided City does not expand its use of the easement beyond the easement boundaries described above. Grantor shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the easement which exist at the time this document is executed without obtaining the prior written consent of City. _MM55852 EXHIBIT. PAGE,... Exhibit "A" LEGAL DESCRIPTION APN 168-241-17 THAT PORTION OF LOT 41 OF THE UNIVERSITY TRACT AS PER PLAT RECORDED IN BOOK 17 OF MAPS PAGE 36 RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 41; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 41 NORTH 89026101" EAST A DISTANCE OF 330. 15 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 41; THENCE ALONG THE EASTERLY LINE OF SAID LOT 41 SOUTH A DISTANCE OF 2 . 00 FEET; THENCE PARALLEL TO THE NORTHERLY LINE OF SAID LOT 41 SOUTH 83021152" WEST A DISTANCE OF 188 . 41 FEET; THENCE SOUTH 83021 ' 52" WEST A DISTANCE OF 142 . 69 FEET TO THE WESTERLY LINE OF SAID LOT 41; THENCE ALONG SAID WESTERLY LINE NORTH 0000'48" EAST A DISTANCE OF 17. 09 FEET TO THE POINT OF BEGINNING. LMN53975 EXHIBIT . .._.. PAGES An exclusive, permanent and perpetual easement, together with the right to forever maintain, operate, improve, alter, relocate, reconstruct, inspect, repair, occupy and use, and otherwise install necessary appurtenances thereto, for the construction and maintenance of storm drain and sanitary sewer line facilities as determined necessary by the City of Redlands, its successors and assigns (collectively, the "City") , both above and below the ground level, together with all necessary rights of ingress and egress to said easement over and across contiguous land owned by Grantor in connection with the exercise of any of the rights granted herein, under and across the following described real property in the County of San Bernardino, State of California, to wit: See legal description attached as Exhibit "A" Grantor shall be entitled to utilize the easement area for parking, playground and/or landscaping purposes. Grantor shall not, however, erect or construct, or permit to be erected or constructed, any building, structure or permanent improvement on, over or under any portion of the easement. City shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as City determines in its sole discretion without paying any additional compensation to Grantor. Grantor agrees that no other easement or easements shall be granted on, under, or over this easement. City may at any time change the location of pipelines or other facilities within the boundaries of the easement right-of-way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to Grantor, provided City does not expand its use of the easement beyond the easement boundaries described above. Grantor shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the easement which exist at the time this document is executed without obtaining the prior written consent of City. -N855852 EXHIBIT PAGE 11..�. Exhibit "A" LEGAL DESCRIPTION APN 168-241-18 THAT PORTION OF LOT 42 OF THE UNIVERSITY TRACT AS PER PLAT RECORDED IN BOOK 17 OF MAPS PAGE 36 RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 42 ; THENCE ALONG THE EASTERLY LINE OF SAID LOT 42 SOUTH A DISTANCE OF 33 . 35 FEET; THENCE NORTH 84009106" WEST A DISTANCE OF 180. 93 FEET; THENCE NORTH A DISTANCE OF 13 . 14 FEET TO THE NORTHERLY LINE OF SAID LOT 42 . THENCE ALONG SAID NORTHERLY LINE NORTH 89026 ' 01" EAST A DISTANCE OF 180. 00 FEET TO THE POINT OF BEGINNING. LMH53975 EXHIBIT PAGE...1 ,.. An exclusive, permanent and perpetual easement, together with the right to forever maintain, operate, improve, alter, relocate, reconstruct, inspect, repair, occupy and use, and otherwise install necessary appurtenances thereto, for the construction and maintenance of storm drain and sanitary sewer line facilities as determined necessary by the City of Redlands, its successors and assigns (collectively, the "City") , both above and below the ground level, together with all necessary rights of ingress and egress to said easement over and across contiguous land owned by Grantor in connection with the exercise of any of the rights granted herein, under and across the following described real property in the County of San Bernardino, State of California, to wit: See legal description attached as Exhibit "A" Grantor shall be entitled to utilize the easement area for parking, playground and/or landscaping purposes. Grantor shall not, however, erect or construct, or permit to be erected or constructed, any building, structure or permanent improvement on, over or under any portion of the easement. City shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as City determines in its sole discretion without paying any additional compensation to Grantor. Grantor agrees that no other easement or easements shall be granted on, under, or over this easement. City may at any time change the location of pipelines or other facilities within the boundaries of the easement right-of-way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to Grantor, provided City does not expand its use of the easement beyond the easement boundaries described above. Grantor shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the easement which exist at the time this document is executed without obtaining the prior written consent of City. MH55852 EXHIBIT__ __ PAG E.,. . Exhibit "A" LEGAL DESCRIPTION APN 168-241-19 THAT PORTION OF LOT 42 OF THE UNIVERSITY TRACT AS PER PLAT RECORDED IN BOOK 17 OF MAPS PAGE 36 RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 42 ; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 42 NORTH 89026101" EAST A DISTANCE OF 150. 18 FEET; THENCE SOUTH A DISTANCE OF 13 . 14 FEET; THENCE NORTH 84009 ' 0611 WEST A DISTANCE OF 99. 66 FEET TO A LINE, SAID LINE BEING PARALLEL AND 2 . 00 FEET SOUTHERLY OF SAID NORTHERLY LINE; THENCE ALONG SAID LINE SOUTH 89026 '01" WEST A DISTANCE OF 51. 57 FEET TO THE WESTERLY LINE OF SAID LOT 42 ; THENCE ALONG SAID WESTERLY LINE NORTH A DISTANCE OF 2 . 00 FEET TO THE POINT OF BEGINNING. LMH53975 EXHIBIT PAGE...l. ....